Citation NR: 9634998
Decision Date: 12/12/96 Archive Date: 12/19/96
DOCKET NO. 95-00 312 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUE
Entitlement to an increased evaluation for post traumatic
stress disorder (PTSD), currently rated as 30 percent
disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Michael F. Bradican, Associate Counsel
INTRODUCTION
The veteran served on active duty from August 1969 to August
1971.
This case arises before the Board of Veterans’ Appeals
(Board) on appeal from a rating decision of November 1994,
from the St. Petersburg, Florida, Regional Office (RO) of the
Department of Veterans Affairs (VA).
The Board notes that the veteran has raised the issues of
secondary service connection for hypertension and migraine
headaches. These issues have not been developed for appeal
and are referred to the RO’s attention for any appropriate
action.
REMAND
The veteran contends, in essence, that his PTSD has worsened
and warrants an evaluation in excess of the currently
assigned 30 percent. He specifically claims that he has
suicidal or homicidal ideations on a daily basis, his sleep
pattern is interrupted, and that he is isolated socially. He
has reported being especially troubled by his involvement in
the rapes and deaths of two Vietnamese prostitutes. He
reported that he and his comrades perpetrated these actions
as retribution against the enemy.
The Board takes notice that the entire section of the
Department of Veterans Affairs (VA) SCHEDULE FOR RATING
DISABILITIES (Schedule) dealing with evaluation of disability
from mental disorders has been changed, effective from
November 7, 1996. The veteran’s claim needs to be
reevaluated by the RO in light of these new criteria. The
Board also observes that the final rule changes, as published
in the Federal Register, are comprehensive and make specific
changes to the Diagnostic Codes for the veteran’s service-
connected disability.
The Board finds that the report of the most recent mental
examination, a VA PTSD exam conducted in June 1994, is
inadequate for an evaluation under the new criteria.
Therefore, this appeal is REMANDED to the RO for the
following action:
1. The veteran should be afforded a VA
psychiatric examination to determine the
current severity of his service-connected
PTSD. The claims folder, to specifically
include a copy of the changes to the
mental disorders section of the rating
schedule, effective November 7, 1996,
should be made available to the examiner
for review before the examination. All
indicated special studies should be
accomplished, and clinical findings
should be reported in detail. The
examiner should conduct a global
assessment of functioning, and should
provide an opinion as to what level of
disability the score signifies.
After the development requested above has been completed to
the extent possible, the RO should again review the record
and evaluate the veteran’s claim applying the new rating
criteria. If any benefit sought on appeal remains denied,
the veteran and his representative should be furnished a
supplemental statement of the case and be given the
applicable opportunity to respond. Thereafter, the case
should be returned to the Board, if in order. The Board
intimates no opinion as to the ultimate outcome of this case.
The veteran need take no action unless otherwise notified.
M.W. GREENSTREET
Acting Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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